Miscellaneous Quiz / TORTS: Immunities

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Can you name the TORTS: Immunities?

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QuestionsAnswersside notes
Under which a government cannot be sued without its consent--still survives all jurisdictions, but most governments have consented, by statute, to suits for many kinds of torts.
More than ___ jurisdictions allow a child to sue a parent for Negligent Driving.(spell out)
In homeowner and automobile liability policies, Isurance companies for decdes have included...
When involving insurance in an action between parent and child, the claim is more likely to...
The Common Law Notion that 'husband and wife are one' gave rise to this...
The answer to #5 has (1) Withered and lost its appeal, or (2) remains steadfast and jurisdictionally relevant
When insurance is involved, the action between parent and child is not truly Both parties seek recovery from the insurance carrier to create a fund for the child's medical care and support WITHOUT depleting the family's other assets.
The issue with minors suing their parents for negligence is that the minor's recovery permits a _______ _______ for both the child and the parents being sued.For Example, suppose that a father negligently injures his daughter, and that the daughter incurs $5000 in medical bills as a result. A $5000 judgment against the father, paid by the father's liability insurer, will in nearly all cases benefit the father rather than the daughter.
Parental immunity (Will/Does Not) apply to intentional sexual torts.
Like Spousal Immuity, the once-prevalent doctrine that unemancipated minors could not sue their parents for most torts is fading fast or lessening.
If a child is permitted to do cartwheels in Baymeadows Rd., the mother cannot be sued for ___________ __________ because one almost always claim that a child's carelessness resulteFurthermore, the line between ___________ ___________ (a bad thing) and encouraging one's children to be indenpendent (a good thing) may be hard to draw.
In Rousey v. Rousey, what are the two main reasons the court provides supporting Parental Immunity? _____________________ and ___________________(two phrases)
The court's discussion in Holytz v. City of Milwaukee, on US v. Old English, municipality may be immune or liable depending upon whether we determine that the particular function i
The concern is not solely on the possibility of fictitious tortious actions, rather the concern is that the prospect of financial benefit to the defendant may cause the defendnat t
Parental Immunity is an outmoded concept and the court in Rousey refused to adopt this doctrine because you cannot sue yourself. How can this be?
The sovereign is immune because...(stated in class)
In 1977 the American Law Institute completely rejected general tort immunity between parent and child when it published Rest.2d 895G stating: (States have enacted these guidelines and abandoned Parental Immunity
What is the Holding of Rousey v. Rousey?Reversed and Remanded
QuestionsAnswersside notes
Some courts have justified parental immunity by invoking a fear that litigation between parent and child would _______ ________ _________.
'The King Can Do No Wrong'Latin phrase that is the origin for sovereign and governmental immunity
If the parents of a recently deceased child attempts to obtain a damage award for their loss. This doctrine precludes them from obtaining such award.
Why does the doctrine in #21 prevent the parties from obtaining a successful action?'We believe that any ineligible beneficiaries should be considered to have renounced their right to recover...thus, the parents should be considered to have predeceased their son, and the entire award may be distributed to any other existing and eligible statutory heirs.'
Parental Immunity (Does Not/Will) preclude actions for intentional or malicious acts, but protects a stepfather from liability for negligently providing alcohol and objectionable m
__________ are responsible for an 'attractive nuisance' created in the exercise of a proprietary activity...(Hint: Old English)
Municipal Immunity is (somewhat limited/alive and well) compared to Sovereign Immunity
Sovereign immunity by contrast is (somewhat limited/alive and well) compared to Municipal Immunity
The Federal Tort Claims Act (FTCA) provides, with many exceptions, that
A broad exception to the FTCA waiver of Federal sovereign immunity is the '_________ ________' exception.The idea here is that policy-making is not to be challenged in the courts on the ground that th policy in question was 'unreasonable'
States are immune from suit under section 1983 but __________ are subject to liability for federal violations if a __________ employee was carrying out an 'official policy' or cust(same word in each blank) Section 1983 exposes individual state and local officials acting 'under color of' state law to liability for depriving a citizen of federal constitutional or statutory rights.
Punitive damages are (not allowed/allowed) under FTCA.
Generally speaking under FTCA, the federal government is not liable for (3 total)
The _______ ________ bars tort actions involving injuries to military personnel on active duty, even in peacetime.However, it does not preclude military-related suits aginst the government when the injured plaintiff is a CIVILIAN.
Sovereign or municpal immunity protects governments against being held liable, but it _______ _______ shield government official and employees from liability for their torts, even
Loosely define the Public Duty Rule
Under the FTCA, the government (cannot be, loves being) brought to state court.

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Created Mar 1, 2010ReportFavoriteNominate
Tags:immunity, note, side, tort

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